GR 138961; (March, 2002) (Digest)
G.R. No. 138961 ; March 7, 2002
WILLIAM LIYAO, JR., represented by his mother Corazon Garcia, petitioner, vs. JUANITA TANHOTI-LIYAO, PEARL MARGARET L. TAN, TITA ROSE L. TAN AND LINDA CHRISTINA LIYAO, respondents.
FACTS
Petitioner William Liyao, Jr., represented by his mother Corazon Garcia, filed an action for compulsory recognition as the illegitimate son of the deceased William Liyao. Corazon, though legally married to another man, cohabited with the decedent from 1965 until his death in 1975. She gave birth to the petitioner in 1975, alleging that the deceased was the father. The petitioner presented evidence, including witness testimony and photographs, to prove that the deceased had openly acknowledged him as his son, provided financial support, and lived with them as a family.
The Regional Trial Court ruled in favor of the petitioner, declaring him an illegitimate child and a compulsory heir. However, the Court of Appeals reversed this decision. The appellate court found the evidence of filiation insufficient and, critically, held that the petitioner could not be an illegitimate child because his mother was legally married to another man at the time of his conception and birth.
ISSUE
Whether William Liyao, Jr. can be legally recognized as an illegitimate (spurious) child of the deceased William Liyao, given that his mother was married to another man during the period of his conception.
RULING
The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. The Court held that the petitioner could not be classified as an illegitimate child of William Liyao. Under the law, a child conceived or born to a married woman is presumed to be the legitimate child of her husband. This is a conclusive presumption, as the law does not recognize the status of a spurious child (one born to a married woman who cohabited with a man not her husband) for purposes of affiliation. The only possible status for such a child is that of a legitimate child of the mother’s legal husband.
Since Corazon Garcia was legally married to Ramon Yulo at the time of the petitioner’s conception and birth, the petitioner is conclusively presumed to be the legitimate child of Yulo. He cannot, therefore, be considered the illegitimate child of William Liyao. This legal barrier is insurmountable, rendering any evidence of the deceased’s alleged acknowledgment or paternity irrelevant. The action for compulsory recognition necessarily fails because the law does not permit the petitioner to prove he is the spurious child of another man while his mother’s marriage subsists.